Defense attorneys and prosecutors delivered opening statements on a family sanctioned fistfight between two teen-age girls, formerly best friends, that escalated into a brawl and fatal shooting before DC Superior Court Judge Danya Dayson on Nov. 5.
David Pena, 49, is charged with second-degree murder while armed, assault with a dangerous weapon, two counts of possession of a firearm during a crime of violence, and unlawful possession of a firearm. The charges are in connection to Pena’s alleged involvement in the fatal shooting of 24-year-old Maurice Robinson on the 2900 block of Southern Avenue, SE, on June 12, 2023.
Both parties described a fraught scene in their opening statements, explaining to the jury how a souring relationship between two former best friends devolved into a street brawl between their families that left Robinson dead.
Prosecutors explained that as the relationship between the teen-age girls broke down, their families had agreed to let them settle their differences by having a sanctioned fist-fight at a parking lot in Southern Avenue, SE. Pena, the father of one of the girls involved, raised the stakes by bringing a firearm with him to the brawl, prosecutors said.
“In this case, the defendant brought an illegal gun to a teenage fist-fight, and the victim ended up dead,” a prosecutor said.
Prosecutors argued that as the fight between the two girls broke down and evolved into a scrum between the families, Pena fired on Robinson reportedly out of malice as Robinson ran away from him, hitting him in the back four times.
“He’s advancing on a man who’s running away from him,” a prosecutor said.
Pena’s defense attorney, Gail Engmann, painted a starkly different image of the events that led to Robinson’s death. Engmann argued that Pena did what he needed to do to protect his own and the life of his daughter. Engmann highlighted a key detail in her opening statements that did not appear in prosecutors’ version of events – that someone had told Robinson to shoot Pena while he was on the ground.
“As [Pena] tries to get away, someone says ‘blow his a** up Mo,’” Engmann said. A witness later testified that Robinson often went by Mo.
Engmann also pointed out that Pena’s daughter had lost the fight and was being kicked on the ground, meanwhile someone had maced some of Pena’s other children.
Prosecutors called a witness who testified that she was best friends with a person prosecutors believe to be Pena’s daughter and that they met in middle school and hung out often. Before June 12, 2023 the two had never physically fought, according to the witness.
The witness stated that on June 12 the two had an argument over texts that led to the witness’ mother becoming involved. She testified that her mother and her former friend began exchanging disrespectful messages.
According to the witness, her mother told her that they were going to a prom send-off that day, but they ended up in a parking lot by her former friend’s building. She stated that someone she considers an aunt and two people she considers cousins, including Robinson, were also there.
Prosecutors showed footage of the witness, her aunt, her cousins, her aunt’s husband, and a man she doesn’t know walking to 30th Street. The witness said she eventually ended up in front of her former friend’s building and began having a verbal altercation with individuals through a window. Her former friend eventually came outside with her two sisters, according to the witness.
After she came outside, the two fought and it was discussed beforehand that no one else would be involved in the fight, the witness stated. According to the witness, her former friend’s two sisters tried to become involved and were maced. She stated that she did not know by whom, but she suspected it was her aunt as she was the closest to her.
Eventually, the witness’ former friend ended up on the ground and the fight ended up in the street at which point others became involved. She stated that her former friend’s father and step-father were in the street along with a car, which someone may have edited.
At some point during the fight, the witness stated that she was touched aggressively and she doesn’t know by who, but it felt like a man. She stated that she could hear the person behind her get hit and then she heard gunshots.
She testified that she began running along with Robinson and when they made it back to the car she was holding his gunshot wounds. She put him in the car with his mother and got in the car with hers and they went to a hospital where she told officers what she knew.
The witness testified that she did not want to fight but her former friend kept antagonizing and threatening her siblings. She stated that at some point the young woman sent people to the witness’ house while her siblings were present.
In a cross examination by Pena’s attorney, Dana Page, the witness testified that when her mother became involved in the argument she believed she was going to calm the situation down. When Page suggested that the witness’ mother ramped the situation up, the witness stated that she did not.
Page noted that when the witness spoke to officers, detectives, and a grand jury relating to this case, she never mentioned that her former friend sent people to her home, to which the witness agreed. Page also noted that the witness was not home when this occurred so she did not see or hear anyone come to her house.
Page played footage of the witness and the people she was there with prior to the physical fight standing at the corner across the street from the witness’ former friend’s apartment. The witness stated that people were yelling to come over but she was not. Eventually, the individuals went across the street.
According to Page and the witness, her aunt brought her husband, her two cousins, and a man she did not know. The witness also testified that her former friend’s siblings were younger than the two.
Page noted that the witness was winning the fight, to which the witness agreed. When the fight ended up in the street, the witness stated that her female cousin joined the fight by kicking the other young woman once. The witness stated that at some point she could feel someone trying to pull her off of the young woman.
The witness’ testimony will resume at a later time.
During the hearing, the jury also heard testimony from a Metropolitan Police Department (MPD) officer who interviewed Robinson’s mother at United Medical Center where his family had rushed him immediately after the shooting.
The officer got a witness description from Robinson’s mother, who had “tears streaming down the face.” Engmann tried to ask the officer about whether she had detected any mace in the car Robinson’s mother drove him to the hospital in, but her responses were successfully stricken by prosecutors’ objections.
Prosecutors also brought to the stand a witness who works with Shot Spotter. The witness testified that the company operates devices throughout DC, and picks up and records gunshots. A device near the 3000 block of 30th Street, SE recorded the sounds of six gunshots around the time of the shooting.
Jurors also heard testimony from an officer with the Department of Forensic Sciences
(DFS) who photographed Robinson’s blood-soaked tank top and blood marks at the crime scene.
Trial is set to resume Nov. 6.
